Feds levied small fine after rail worker's death

Bill Cummings

Published 7:22 pm, Saturday, May 31, 2014

Federal Railroad Administration enforcement records obtained by Hearst Connecticut Media show regulators fined Metro-North for failing to follow proper radio procedures. After striking McGrath, a 49 year-old father with 25 years of railroad experience, the engineer failed to say “emergency” three times when reporting the accident over the radio. “This raises severe and serious concerns,” said U.S. Sen. Richard Blumenthal, D-Conn, referring to the relatively small fine for McGrath’s death.
Photo: Ned Gerard

On a January night in 2009, a Metro-North Commuter Railroad train struck and killed a veteran signal maintainer as it left Rye, N.Y. and headed north to the New Haven station.

The fine levied by federal regulators for taking the life of Kenneth McGrath -- a mere $2,000, federal records show.

Federal Railroad Administration enforcement records obtained by Hearst Connecticut Media show regulators fined Metro-North for failing to follow proper radio procedures. After striking McGrath, a 49 year-old father with 25 years of railroad experience, the engineer failed to say "emergency" three times when reporting the accident over the radio.

The fine follows a pattern in which federal regulators issue seemingly small fines for serious incidents involving Metro-North. Hearst previously reported that despite citing the railroad for thousands of defects in procedures and operations -- including safety protocols -- the FRA fined Metro-North a total of $220,000 between 2004 and 2013.

"This raises severe and serious concerns," said U.S. Sen. Richard Blumenthal, D-Conn, referring to the relatively small fine for McGrath's death.

Blumenthal, who chairs the Senate Commerce subcommittee on surface transportation, on Tuesday is scheduled to hold hearings on federal rail oversight, enforcement and penalties in response to myriad problems that have plagued Metro-North for more than a year.

"I will be putting this to the FRA in our hearings," said Blumenthal, who also plans to ask why the FRA fined Metro-North only $5,000 for the 2013 death of rail worker Robert Luden, who was hit by a train and killed last year while working tracks closed to traffic.

"This is exactly the kind of questions we will be asking FRA," he said. "They should be held accountable for their response to this kind of safety incident. They are going to have to answer about this."

"Under law, the FRA is only allowed to levy fines for violations of existing federal safety regulations," said Kevin Thompson, a spokesman for the Federal Railroad Administration. "Civil penalties are but one of several enforcement tools designed to promote full compliance with federal safety regulations. The settlement process we use is prescribed by the Federal Claims Collection Act and we are mandated by law to follow that process."

FRA officials said federal law sets the dollar amount for fines. For example, the most regulators could fine Metro-North for Luden's death was $10,000, and only if it had been a "willful" act, an FRA spokesman said.

Federal records show the FRA proposed fining Metro-North $2,500 for violating radio protocols, but the fine was reduced to $2,000 during settlement proceedings with the railroad.

The documents state that at about 7:03 p.m. on Jan. 9, 2009, a Metro-North passenger train 1570 "struck and fatally injured a signal maintainer." After striking McGrath, the engineer picked up the radio and stated: "Oh my God."

Some 11 seconds later, the engineer came back on the radio and said "1570 hit a worker. 1570 to District, Uh, E, Over."

About nine seconds later, the engineer said "Metro-North 1570 to Central District E, Over," records show.

The records noted that during the initial transmission the engineer should have stated "emergency" three times.

Failing to say those words violated railroad operating rules for radio transmissions.

Another radio transmission, by a surviving signal maintainer, came more than two minutes later and called for an ambulance.

That worker first said "emergency" three times.

For the Luden death, Metro-North was fined for violating railroad worker protection rules.

Hearst previously reported that, between 2004 and 2013, the FRA cited Metro-North for 138 violations of railroad regulations and issued 82 fines totaling more than $220,000.

Fines ranged from a high of $39,000 for a 2013 violation of railroad operating practices, to a $700 fine for an employee who didn't report working hours.

After a derailment last May on the Bridgeport/Fairfield line injured more than 70 passengers, the FRA launched a massive investigation of Metro-North and concluded the railroad for years had placed on-time performance over safety.

The FRA ordered Metro North to undertake a series of corrective steps.

The railroad's problems intensified last December when a derailment caused by a sleeping engineer killed four people and injured dozens.